Article 4-4 (Prohibition of Age Discrimination in Recruitment, Employment, etc.)

(1) Employers shall not discriminate against any of their workers or any person who wishes to work for them, on the grounds of age without justifiable grounds in the following areas:

1. Recruitment and employment;

2. Salary, provision of money and valuables other than salary, or other welfare benefits;

3. Education and training;

4. Placement, transfer, or promotion;

5. Retirement or dismissal.

(2) Any markedly disadvantageous result caused to a certain age group as a result of applying standards other than age without justifiable grounds is deemed age discrimination.

[This Article Newly Inserted by Act No. 8962, Mar. 21, 2008]

Article 4-5 (Exception to Prohibition of Discrimination)

Any of the following cases shall not be considered as age discrimination under Article 4-4：
1. Where a certain age limit is inevitably required in consideration of the characteristic of the duties；
2. Where wages, and other money and valuables, and welfare benefits are reasonably differentiated according to length of service；
3. Where a retirement age is set under labor contracts, work rules, collective agreements, etc. pursuant to this Act or other Acts；
4. Where support measures are taken to maintain and promote the employment of a certain age group pursuant to this Act or other Acts.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>

Article 4-6 (Notification of Petition and Recommendation)

(1) A person who has been discriminated against on the grounds of age due to the violation of any prohibition of age discrimination under Article 4-4 (hereinafter referred to as a “victim”) may file a petition to the National Human Rights Commission pursuant to Article 30 of the National Human Rights Commission Act.
(2) If the National Human Rights Commission judges that there is age discrimination after investigating a petition filed under paragraph (1), and recommends the employer, or the head of the relevant authorities, organization or supervisory authorities to take remedial measures, etc., it shall also notify the Minister of Employment and Labor of the details of such recommendation.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>

Article 4-7 (Corrective Order)

(1) If an employer who has been recommended to take remedial measures, etc., by the National Human Rights Commission under Article 4-6 (2) fails to comply with such recommendation without any justifiable reasons, and is deemed to inflict serious harm by falling under any of the following subparagraphs, the Minister of Employment and Labor may issue a corrective order by virtue of his/her authority or at the request of the victim：
1. Failure to comply with recommendations for an act of age discrimination involving many victims；
2. Failure to comply with recommendations for repeated acts of age discrimination；
3. Intentional failure to comply with recommendations, which is aimed at giving disadvantages to the victim；
4. Other cases prescribed by the Ordinance of the Ministry of Employment and Labor where a corrective order is needed in view of the contents, amount, etc. of the harm
(2) A corrective order under paragraph (1) shall include the following matters：
1. Stoppage of acts of age discrimination；
2. Restitution for harm；
3. Measures to prevent further recurrence of age discrimination；
4. Other measures prescribed by the Ordinance of the Ministry of Employment and Labor as required to redress age discrimination
(3) If a corrective order under paragraph (1) is issued at the request of a victim, such corrective order shall be issued within three months from the date when the request is received.
(4) If the Minister of Employment and Labor issues a corrective order pursuant to paragraph (1), he/she shall give a written statement specifying the following matters to the employer and victim respectively：
1. Reasons for the corrective order；
2. Details of the corrective order；
3. Deadline for redress；
4. Procedure for filing an appeal against the corrective order
(5) Procedures for a corrective order under paragraph (1) and other necessary matters shall be prescribed by the Presidential Decree.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>

Enforcement Ordinance

Article 4-8 (Request, etc. for Status Report on Compliance with Corrective Order)

(1) The Minister of Employment and Labor may request an employer who has committed an act of age discrimination to submit a status report on compliance with a corrective order under Article 4-7.
(2) If an employer who has committed an act of age discrimination fails to comply with a corrective order, the victim may report it to the Minister of Employment and Labor.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>

Article 4-9 (Prohibition of Dismissal and Other Unfavorable Treatment)

An employer shall not give a worker unfavorable treatment, such as dismissal, transfer and disciplinary action, on the ground that the worker has filed a petition, lawsuit or report, or provided information, response or testimony in regard of an act of age discrimination prohibited by this Act.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>

Enforcement Ordinance